Claims for Compensation Under the Energy Employees Occupational Illness Compensation Program Act
| Published date | 20 August 2021 |
| Citation | 86 FR 46778 |
| Record Number | 2021-17870 |
| Section | Rules and Regulations |
| Court | Workers' Compensation Programs Office |
Federal Register, Volume 86 Issue 159 (Friday, August 20, 2021)
[Federal Register Volume 86, Number 159 (Friday, August 20, 2021)]
[Rules and Regulations]
[Pages 46778-46779]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-17870]
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DEPARTMENT OF LABOR
Office of Workers' Compensation Programs
20 CFR Part 30
RIN 1240-AA08
Claims for Compensation Under the Energy Employees Occupational
Illness Compensation Program Act
AGENCY: Office of Workers' Compensation Programs, Department of Labor.
ACTION: Final rule; correction.
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SUMMARY: On February 8, 2019, the Department of Labor (Department)
published in the Federal Register a final rule that revised its
regulations governing its responsibilities under the Energy Employees
Occupational Illness Compensation Program Act of 2000, as amended
(EEOICPA). However, the final rule as published inadvertently omitted
amendatory instructions to retain two subordinate paragraphs. This
document corrects the error.
DATES: This correction is effective August 20, 2021, and is applicable
beginning April 9, 2019.
FOR FURTHER INFORMATION CONTACT: Rachel D. Pond, Director, Division of
Energy Employees Occupational Illness Compensation, Office of Workers'
Compensation Programs, U.S. Department of Labor, Room C-3321, 200
Constitution Avenue NW, Washington, DC 20210. Telephone: 202-693-0081
(this is not a toll-free number).
SUPPLEMENTARY INFORMATION: The Department's February 8, 2019, final
rule that revised its regulations governing its responsibilities under
the Energy Employees Occupational Illness Compensation Program Act of
2000, as amended (EEOICPA), 42 U.S.C. 7384 et seq. However, the final
rule as published inadvertently omitted amendatory instructions to
retain the two subordinate paragraphs to 20 CFR 30.210(a)(1), i.e., 20
CFR 30.210(a)(1)(i) and (ii). This document provides the omitted
amendatory instructions to ensure that Sec. 30.210(a)(1)(i) and (ii)
are contained in the final rule as intended by the Department, and
notifies the public of how corrected Sec. 30.210(a)(1) now reads.
In the February 8, 2019, final rule, amendatory instruction 17
amended Sec. 30.210 by revising paragraph (a)(1); however, amendatory
instruction 17 did not specify that only the introductory text of
paragraph (a)(1) required revision, and that the two subordinate
paragraphs to Sec. 30.210(a)(1), i.e., 20 CFR 30.210(a)(1)(i) and
(ii), were to remain in the final rule. Amendatory instruction 17
should have revised only the introductory text of paragraph (a)(1).
This correcting amendment is in keeping with the Department's
clearly expressed intent in the preamble of the final rule to update a
cross-reference in Sec. 30.210(a)(1), and not to make any other change
in Sec. 30.210(a)(1). The omission of Sec. 30.210(a)(1)(i) and (ii)
in the final rule had no substantive effect because those subordinate
paragraphs are explicit requirements in section 7384l(9)(A) of EEOICPA,
and therefore cannot be ignored in the adjudication of claims under
EEOICPA.
List of Subjects in 20 CFR Part 30
Administrative practice and procedure, Cancer, Claims, Kidney
diseases, Lung diseases, Miners, Radioactive materials, Underground
mining, Uranium, Workers' compensation.
Therefore, the Department amends 20 CFR part 30 by making the
following correcting amendment:
PART 30--CLAIMS FOR COMPENSATION UNDER THE ENERGY EMPLOYEES
OCCUPATIONAL ILLNESS COMPENSATION PROGRAM ACT OF 2000, AS AMENDED
0
1. The authority citation for part 30 continues to read as follows:
Authority: 5 U.S.C. 301; 31 U.S.C. 3716 and 3717; 42 U.S.C.
7384d, 7384t, 7384u and 7385s-10; Executive Order 13179, 65 FR
77487, 3 CFR, 2000 Comp., p. 321; Secretary of Labor's Order No. 10-
2009, 74 FR 58834.
0
2. Amend Sec. 30.210 by revising paragraph (a)(1) to read as follows:
Sec. 30.210 What are the criteria for eligibility for benefits
relating to radiogenic cancer?
(a) To establish eligibility for benefits for radiogenic cancer
under Part B of EEOICPA, an employee or his or her survivor must show
that:
(1) The employee has been diagnosed with one of the forms of cancer
specified in Sec. 30.5(gg); and
[[Page 46779]]
(i) Is a member of the Special Exposure Cohort (as described in
Sec. 30.214(a) of this subpart) who, as a civilian DOE employee or
civilian DOE contractor employee, contracted the specified cancer after
beginning employment at a DOE facility; or
(ii) Is a member of the Special Exposure Cohort (as described in
Sec. 30.214(a) of this subpart) who, as a civilian atomic weapons
employee, contracted the specified cancer after beginning employment at
an atomic weapons employer facility (as defined in Sec. 30.5(e)); or
* * * * *
Signed at Washington, DC, this 13th day of August, 2021.
Christopher J. Godfrey,
Director, Office of Workers' Compensation Programs.
[FR Doc. 2021-17870 Filed 8-19-21; 8:45 am]
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